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Foreclosure & Tax Deed Auctions / Answered
What happens to UCC liens on Solar panel systems after foreclosure sale?

Hello,

I recently purchased a property at foreclosure that has a recorded UCC lien related to solar panel equipment. The lien is filed against the solar system itself, not the real property. The lienholder was not listed as a defendant in the foreclosure case, and the lien was recorded after the mortgage. The filing does not state a dollar amount.

Could you clarify:

  • Does this lien survive the foreclosure sale, or was it extinguished?
  • If it does survive, what are my responsibilities as the new property owner?
  • I will need to re-roof the house—what am I supposed to do with the solar system under these circumstances?
  • What happens if someone steals or damages the solar system before I get the possession.

Thanks in advance,

Posted 20 days ago
Edited 20 days ago
  
  
Votes Newest

Answers


Hi Kenst,

Let me answer it one question at a time:

-Does this lien survive the foreclosure sale, or was it extinguished?
Since it’s a UCC lien on the solar system (personal property) and not a mortgage on the real estate, the foreclosure didn’t automatically wipe it out. The lienholder wasn’t named in the case, so their rights in the equipment probably survive.

-If it does survive, what are my responsibilities as the new property owner?
That depends on whether the panels were leased or financed. If leased, they may still belong to the solar company, and they could ask you to assume the lease, negotiate new terms, or let them take the panels back. If financed, the creditor still has a security interest, and you may need to either pay it off or return it to them...

-I will need to re-roof the house—what am I supposed to do with the solar system under these circumstances?
You can’t just throw them away if they still have a legal interest in them. Best move is to reach out to the lienholder and ask how they want to handle removal/reinstallation. Otherwise you risk damaging someone else’s collateral.

-What happens if someone steals or damages the solar system before I get possession?
If the lien is still active and you’re in control of the property, the creditor could argue you’re responsible for protecting their collateral. That’s another reason to contact them early and clarify responsibilities.

It’s best to talk directly with the solar company to figure out whether to assume, negotiate, or return the equipment. If you have no answer, a formal certified mail to them could help you for your records.

Hope it helps!

Posted 20 days ago
  
  
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1 Answer
20 days ago
20 days ago
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